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■February lQth, 1826— -With the Accompanying 



SSZiZiSt 




SUBLISHLD BY AUTHORITY 



ANNAPOLIS : 

JfrinUd by Jeremiah HugUOff 
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OF THE 

COMMITfEB 

ON 



The committee appointed to consider of the Internal Imt> 
f provement of the state, have carefully weighed the important in* 
terest with which they are charged, and submit for the consider* 
ati n of the house, a bill entitled, "An act to create a Board of 
Public Works," and a bill entitled, "An act for the promotion of 
Internal Improvement." 

At this enlightened day, an elaborate argument to shew 
that roads and canals are beneficial, would seem as needless, as 
an endeavor to prove that the condition of man is bettered by ci* 
irilization,law and religion. 

That the prosperity of our citizens individually, and the 
Wealth and dignity of the state of Maryland will be eminently 
promoted, and the bond of general Union strengthened, by the 
junction of the waters of the Chesapeake and Ohio, by a canal 
terminating at Baltimore; — that the accomplishment of an as* 
cending navigation in the Susquehanna, would promote directly 
the population and wealth of Baltimore, and indirectly, of all the 
region of which she is the .mart, are propositions so often and so 
ably urged upon the consideration of the public, and in them* 
selves so evident, that we have feared to offend, by any attempt 
to enforce them, in this report. 

Two considerations are understood to have hitherto pre* 
vented the state of Maryland from entering on that course of po« 
licy, which has been so nobly and so beneficially pursued bv se* 
veral of her sister states: — The low and embarrassed state of the 
treasury, and the local jealousy between Baltimore and the Fo* 
tomac region* 



The committee of ways and means have demonstrated that 
the last dollar of the public debt has been discharged. That 
without adding any new sources of revenue, or enlarging the di- 
rect tax, (which is now but forty thousand dollars on a popula- 
tion of more than four hundred thousand,) after providing am- 
ply for all the ordinary expenditures, an annual surplus in the 
treasury, may be calculated on, of more than one hundred thou- 
sand dollars; a sum sufficient to pay the interest on anv amount 
which it is proposed for the state to invest in public works.—-. 
These positions are so conclusively established, that more than 
a referrence to that able report, were on our part superfluous. 

To sooth, as far as practicable, all sectional jealousies, it 
has been the earnest endeavor of the committee to devise a plan, 
which would secure, as nearly as practicable, equality of bene- 
fit to all. 

That plan is embraced in the bills herewith submitted. We 
shall but briefly here rehearse their leading features — The first 
provides for the erection of a board of public works, to consist 
of nine members, the governor beim* the ex-officio president 

This board is to be authorised to engage engineers, and 
other proper offieers and agents. It is to be specially instructed 
to locate a canal intersecting or continuing the Chesapeake and 
Ohio canal to the city of Baltimore; — and to examine the ob- 
structions of the navigation of the Poko noke, Manokin, Wico- 
mico, and Great Choptank rivers, with a view to their improve- 
ment. It is to be authorised generally, to represent the state in 
all joint stock companies, incorporated to make roads or canals, 
in which the state is or may become a stockholder, and to report 
annually, the progress and condition of all public works in the 
state, and to suggest plans for the further diffusion of the sys- 
tem. 

By the second, it is proposed to create a joint stock compa- 
ny, with the proper and requisite powers, to cut the canal to be 
located as aforesaid, connecting the Chesapeake and Ohio canal, 
With the Patapsco, at Baltimore. It proposes a subscription of 
one million of dollars, payable in money to the Chesapeake and 
Ohio canal company, and five hundred thousand doll irs to the 
lateral canal. These subscriptions to be made, not until the 
board of public works shall have ascertained the practicability of 
making the connecting canal aforesaid, nor until congress snail 
have expressly granted to the company thereby incorporated* 
( should the connecting canal be located through the District of 
Columbia,) the same rights, privileges and powers in all respects 
within that district, as are granted in and by the charter of the 
Chesapeake and Ohio canal company; nor until the executive ci' 
this state shall have full evidence, that with the sum to be as 
aforesaid subscribed on the part of this state, the whole amount 



estimated to be necessary for the completion of the easteti. scCV 
tionof the Chesapeake and Ohio canal ha* been actually subscri- 
bed by competent subscnb rs. This bill also authorises a sub- 
scription of stock to the amount of five hundred thousand dollars 
to a fund to be raised by the city of Baltimore, under and by 
virtue of the act of assembly, passed at December session, eight- 
een hundred and twenty three, chapter one hundred and seven- 
ty five, for the purpose of making a canal from York Haven to 
Baltimore, upon conditions as nearly similar to those connected 
with the subscription to the Chesapeake and Ohio canal compa- 
ny, as the nature of the cases will allow. 

It also authorises an appropriation of one hundred thou- 
sand dollars, for the execution of such plans, for opening and 
improving the navigation of the Manokin, Pokomoke, Wicomi- 
co andChoptank rivers, as the board of public works may decide 
on, as practicable and expedient. It is proposed that these two 
1 ist appropriations shall not take effect, unless the two former 
also go mto operation. It is proposed to raise all these monies 
as they mav be from time to time required, by loans, at a rate of 
interest, not exceeding five per cent, per annum, payable quar- 
terly, redeemable at the pleasure of the state, at any time after 
the first day of January, eighteen hundred and sixty. These 
subscriptions will be called for in instalments, and it *s not likely 
that under the most favorable circumstances, the whole capital 
will be called into action, in less than six years. It is provided, 
that if the mayor and city council of Baltimore, shall relinquish 
the privileges granted by the act to provide for making the Bal- 
timore Canal, passed at December session, 1823, chapter 175, 
the sum of one hundred thousand dollars, shall be immediately 
placed under their control, to be expended in improving the nav- 
igation of the Susquehanna. Finally, it is proposed to pledge 
the revenue which may arise from the sums so to be invested, and 
from the road stock, now owned by the state, in the first instance 
to constitute, under the direction of the board of public works, 
a sinking fund for the liquidation of the principal, so to be raised 
by loan; secondly to the execution of such other plans of im- 
provement, as the legislature may hereafter sanction; and third- 
ly, to constitute a fund to be distributed equitably for the sup- 
port of free schools thoughout the various counties of the state. 

These great objects are thus presented to our consideration, 
under new and most favorable circumstances. The legislature 
has often heretofore manifested a wish, that the contemplated 
improvements should be executed, and it would seem, that sub- 
stantial pecuniary aid has been withheld, solely on account of an 
actuator supposed inability to render it, without a grievious in- 
crease of taxation. It is now made plain, that the finances of the 
estate, are in a condition to enable it, without any augmentation 



(6) 

of the public burthens, to foster these works to the amount reT 
commended by the committee. 

This great obstacle removed, and the question reduced to % 
single point, a confident hope is indulged, that in this enlighten* 
ed body, the number will be small, of those who will refuse to 
employ the surplus treasure of the state in works so eminently 
calculated to advance her growth in population, the prosperity 
of her people engaged in the pursuits of commerce, manufac* 
tures and agriculture, and her political standing and character 
as a member of the Union. 

All which is respectfully submitted, 
By order, 

ISAAC HINES f CierV. 



{7} 



a m i i 



A 

8IIA 

ENTITLED AN ACT TO CREATE A 



REPORTED BY MR. M'CULLOH. 



By the House of Delegates, T 
February 10th, 1826. J 

tteod the first time, and ordered to Ve on the Table. 

By erder y JOHN BREWER, Clerk. 



Whereas many of the most intelligent citizens of Mary-. 
land have justly represented to this general assembly, that the 
prosperty of this state would be quickened and better assured by 
the creation of a board of public works, whose duty it shall be 
to form and propose plans of internal improvement, by means 
of roads and canals; to superintend the execution of such as 
the legislature may approve and authorise; to devise and sug« 
gest the ways and means necessary to complete the same; and 
generally, to take under their care and control, the stock or pro- 
perty which this state does and may possess in these improve* 
ments, therefore, 

Section I. Be it enacted by the General Assembly of Mary* 
iandj That a board of public works, shall be, and is hereby cre- 
ated, which shall consist of nine directors: The governor of 
Maryland for the time being, shall be the president of said board, 
and with Thomas Buchanan, Richard Potts, Robert W. Bowie t 
Isaac M k Kim, William Howard, E. F. Chambers, Robert H. 
Goldsborough and Littleton Dennis, be the first or original di- 
rectors thereof; and in case of the resignation or death, the re- 
fusal to serve, or re m©val out ef this stats of any of the direc* 



tors aforementioned, the vacancy thereby occasioned shall be 
supplied by appointment of the governor and council. 

2. And be it enacted, That the president of said board shall 
have power to call a, meeting of the directors, whenever in his 
Opinion, the public interest may require it; and the said board 
may adjourn from time to time, to meet at any time and place 
they may consider most expedient; and the said president and 
d'rectors shall have power to appoint a fit person for their secre- 
tary; to employ such and as marty agents, engineers, surveyors, 
draftsmen and other persons as in their opinion may be necessa- 
ry to enable them to fulfil and discharge the duties imposed up- 
on them by this act; and to allow and pay the said secretary, 
agents, engineers, surveyors, draftsmen and other persons, such 
sum or sums of money as may be an adequate recompence for 
their services. 

3. And be it enacted, That the president and directors 
■aforesaid shall cause those parts of territory of this state and 
the district of Columbia, which shall lie upon or contigious to 
the public courses and ranges for a canal, by which the port of 
Baltimore may be connected with the proposed artificial naviga- 
tion of the Potomac river, to be explored and examined for 
the purpose of fixing and determining the most eligible and pro- 
per route for the same; and shall cause to be explored, surveyed 
and sounded such portions as they may deem necessary, of the 
Pocomoke, Manokin, Wicomico and great Choptank rivers, and 
of the country adjacent thereto, for the purpose of ascertaining 
the practicably and expense of opening and improving the navi- 
gation of said rivers and of devising the most proper plans for 
effecting those objects;and shall cause the necessary surveys and 
levels to be taken, and accurate maps, field books, drafts and 
models thereof to be made; and further, to recommend the most 
proper plans for the formation and construction of said canal and 
other improvements; and thereafter, in like manner to proceed in 
reference to any road, canal or other improvement, which they 
may be required to explore, locate and construct, altogether or 
partly in bthalf of the people of this state. 

4. And be it enacted, That it shall be the duty of the presi- 
dent and directors aforesaid, to make or cause to be made with 
as much accuracy and minuteness as may be, calculations and 
estimates of the sum or sums of in one v, which may or will '«c 
necessary for completing the canal and other improvements now 
as aforesaid contemplated, and of such others as may hereafter 
be in like manner proposed, according to the plans which they 
may recommend or the legislature approve, for the formation or 
construction of the same, and to cause the said calculations and 
estimates and all surveys, maps, field-books, plans, drafts andu 



(9) 

models authorised and directed by this act, or so many thereof 
as may be completed, together with a plain and comprehensive 
report of all their proceedings under and by virtue of this act, to 
be presented to the legislature of this state, within the second 
week of the next session of that body. 

5. And be it enacted, That the said president and directors 
shall be, and they are hereby authorised and required to make 
applications in behalf of this state to the government of the 
United States, and of such states as may be benefitted by any 
road, canal, or other work proposed to be made under the au- 
thority and with the aid of this state, to the proprietors of lands, 
through or near which any such road, canal, or other improve- 
ment may pass or be made, or may be proposed to pass or be 
made; to all bodies politic and corporate, public or private, and 
all citizens or inhabitants of this or any other of the United 
States, for cessions, grants or donations of land or money, for 
the purpose of aiding in the construction or completion of any 
proposed road, canal, or other improvement, according to the 
discretion of the several grantors or donors; and to take to the 
people of this state,, such grants and conveyances as may be pro- 
per and necessary, to vest a good and sufficient title in the said 
people, to the lands or money so to be ceded, given or granted 
as aforesaid; and for the purpose above mentioned, it shall be 
the duty of said president and directors, to open books of sub- 
scription in such and so many places as they may think expe- 
dient; to receive and register such cessions, grants, and dona- 
tions, under rules and regulations, which they may from time to 
time establish and publish 

6. And be it enacted, That there shall be constituted a fund 
to be denominated, "Internal Improvement Fund" which shall 
consist of all such grants, cessions, donations and subscriptions, 
as may be made or given for that purpose, to the president and 
directors aforesaid, by the legislature of this state, by the con- 
gress of the United States, by individual states, by corporations, 
companies and individuals; together with the property which 
this state now holds or may hereafter possess in turnpike or rail 
roads and canals; which fund shall be tuperimended and man? 
aged by the president and directors afoicbaid, by and with the 
aid of the treasurer of the Western Shore of Maryland; and it 
shall be the duty of said president, directors and treasurer, to 
receive, arrange, and manage to the best advantage, all things be- 
longing to said fund; and when thereunto required by the legis- 
lature, to borrow from time to time, money on the credit of the 
people of this state, in augmentation of that funo, at a rate of ;n» 
terest not exceeding six per cent, per annum; for which money, 
when received by him, the treasurer shall issue transferable cer- 

o 



{ to) 

tificates of stock, payable at such time or times, as may be detei^ 
mined by law, or by the said president and directors; for which 
money, stock, and fund, the treasurer aforesaid shall open sepe- 
rate books, and keep the accounts thereof, distinct from the other 
funds of the state. 

7. And be it enacted, That it shall be the duty of the presi* 
dent and directors aforesaid, as soon as may be after the passing 
of this act, and before each meeting of the general assembly, to 
cause an inventory or schedule to be made of the property be- 
longing to this state, in the respective road and canal stocks or 
companies; and a copy thereof to submit during, the first week of 
each session, for the information of the legislature. And be it 
further enacted, That the president and directors aforesaid, shall 
be, and they are hereby authorised and directed on all occasions, 
to represent the interest or shares belonging to the state of Ma- 
ryland, in all joint stock companies which may be, or have been 
incorporated to make roads or canals, and to report annually, 
and whenever thereunto required, the prospect, progress and 
condition of all works and stocks of this kind, in which the state 
may be, or shall propose to become a proprietory and in like man- 
ner, to communicate their views as to any practicable and expe- 
dient extension of internal improvements by such means; and 
further, it shall be their duty to ascertain, whether to any, and 
to what amount, and upon what terms, loans of money, may, or 
can be procured at home and abroad, on the credit of this state^ 
for the purposes aforesaid. 

8. And be it enacted, That the treasurer of the Western 
Shore, shall on the warrant of the president and directors of the 
hoard of public works, pay out of any monies in the treasury, 
not otherwise appropriated, any sum or sums not exceeding 

thousand dollars in all, 
and for which, the said president and directors shall account to 
said treasurer and to the legislature of this state; and for the 
performance of any of the duties prescribed by this act, the 
president and four directors, or in his absence any five directors 
shall form a quorum, with power to transact the business of 
the board of public works? 



-5»-- . -_ - .- ■ ■ ■ 



A BILE, 

ENTITLED, AN ACT FOR THE PROMOTION OF 



REPORTED BY MR. MERRICJC. 



By the House of Delegates, ) 
February 10^,1826./ 

i&ead the first time, and ordered to tie on the Table. 

By order, JOHN BREWER, Clerk: 



Section 1. Be it enacted by the General Assembly of Mary* 
land, That as soon as the board of public works of this state shall, 
by actual survey, have ascertained and reported to the governor 
and council the practicability of excavating a canal, as hereinafter 
described, from some convenient point on the Potomac river, 
intersecting or continuing the Chesapeake and Ohio canal, 
to the city of Baltimore, there shall be appointed by the gover- 
nor and council, three commissioners, who shall cause books to be 
opened at such times and places as may be determined on by the 
board of public works, for the purpose of receiving subscriptions 
to the capital stock of the company hereinafter incorporated; 
which subscriptions may be made either in person or by power of 
attorney, notice having been previously given, in such manner 
as the said board of public works may deem expedient, of , the 
times and places of opening the said book's. 

Sec. 2. And be it enacted, That the said commissioners shal! 
cause the books to be kept open at least twenty days, and within 
twenty days after the expiration thereof, shall call a general 
meeting of the subscribers at the city of Baltimore, of which 
meeting notice shall be given by the said commissioners or et 



( 1«) 

rhajorty of them, in two news-papers printed in the city of 
Baltimore, one in Annapolis, one in Easton, one in Frederick, 
One in Hagerstown, and one in Cumberland, at least twenty davs 
next before the said meeting, and such meeting may be continued 
from day today until the business is finished; and the commis- 
sioners at the time and place aforesaid, shall lay before such of 
the subscribers as shall meet according to the said notice, the 
book containing the state of the said subscriptions, and if the 
amount estimated by the said board of public works, to be ade- 
quate to the excavation of the said canal, and of the feeders 
which may be found requisite, and to the erection of locks, 
culverts, aqueducts, and other works and building necessary 
and suitably appertaining to the said canal, and to the payment 
of all incidental charges, should appear not to have been sub- 
si ribed, then the said commissioners, or a majority of them, at 
the said meeting, are empowered to take and receive subscrip- 
tions to make up the deficiency, and may continue to take and 
receive such subscriptions, at such time or times, place or pla- 
ces as the board of public works may direct; and true and cor- 
rect lists of all the subscribers, with the sum subscribed by each, 
shall be made out and returned by the said commissioners, or a 
majority of them, under their hands, to the board of public works, 
and to the governor and council, to be by them respectively, 
carefully preserved; and in case a sum shall be subscribed, larger* 
than shall, as aforesaid, be estimated by the board of public 
works, to be ari equate to the execution of the work, then the sum 
subscribed shall be reduced to the amount of that estimate by the 
said commissioners, or a majority ef them, by beginning at, and 
striking off a share from the largest subscription, or subscriptions, 
(that of the state always excepted,) and continuing to strike off 
a share from all subscriptions under the largest and above one 
share, until the same is reduced to the amount required, or until 
a share is taken from all subscriptions above one share; and lots 
shall be drawn between subscribers, of equal sums, to determine 
the number of shares which each subscriber shall be allowed to 
hold, on a list to be made, for striking off, as aforesaid; and if the 
sum subscribed shall still exceed the amount of such estimate, or 
sum requirecl,then to strike off by the same rule,until the sum sub- 
scribed is reduced to the capital aforesaid, or all the subscriptions 
reduced to one share respectively; and if there still be an excess, 
then lots shall be drawn to determine the subscibers who are to 
be excluded, in order to reduce the subscription to the aforesaid 
amount of such estimate or sum required, which striking off shall 
be certified on the lists aforesaid; and the capital stock of the 
company hereby incorporated, shall consist of the amount which, 
may, as aforesaid, by the board of public works, be estimated to 



1 



( 13 ) 

be necessary for the execution of the works herein before men- 
tioned, and shall be divided into shares of one hundred dollars 
each, of which every person subscribing may take and subscribe 
for one or more whole shares, to be paid in the legal currency 
of the United States; provided, that unless one half of the amount 
of the aforesaid estimate shall be subscribed as aforesaid, all the 
said subscriptions shall be roid; and in case one half, and less 
than the whole capital shall be subscribed, as aforesaid, then the 
commissioners, or a majority of them, are hereby empowered 
and directed, to take and receive the subscriptions which shall 
first be offered in whole shares as aforesaid, until the deficiency 
shall be made up, certificates of which additional subscription 
shall be made under the hands of said commissioners, or a ma- 
jority of them, tor the time being, and returned, as aforesaid, to 
the board of public works, and to the governor and council. 

Sec. 3. And be it enacted, That whenever one half, or a 
greater part of the said stock shall have been subscribed ill 
the manner aforesaid, then the subscribers, their heirs and as- 
signs, shall be, and are hereby declared to be incorporated into a 
company, by the name of the Maryland Canal Company, and 
may sue and be sued as such, and as such shall have perpetual 
succession, and a common seal; and it shall thereupon be the duty 
■of the said commissioners, or a majority of them, to call a gen- 
eral meeting of the subscribers, as they, or a majority of them 
shall appoint, after advertising the same in such public prints, 
as they, or a majority t of them may think proper; and such 
of the said subscribers, as shall be present at the said meetings 
or a majority of them, are hereby empowered and required to 
elect a president and six directors for conducting the said un- 
dertaking and managing all the said company's business and 
concerns, for, and during such time, not exceeding three years, as 
the said subscribers, or a majority of them shall think fit; and in 
counting the votes of all general meetings of the said company; 
each member shall be allowed one vote for every share as far as 
ten shaies, and one vote for every share above ten, by him or her 
held at the time, in the stock of the said company, and any pro- 
prietor by writing under his or her hand, executed before two 
witnesses, may depute any other member or proprietor, to vote 
and act as proxy, for him or her, at any general meeting; provid- 
ed, also, that no officer or director of said company shall be allow- 
ed to vote on any stock but his own, and provided also, that 
nothing herein contained shall be construed to prevent any per- 
son or persons, who may from time to time be by law appointed, 
from voting at any general meeting, on any stock which may be 
held by the state. 

Sec. 4. And be it enacted. That the said president and di- 
rectors, and their successors, or a majority of them assembled, 



K u f 

shallhave full power and authority to appoint and at their pleasure 
dismiss, such engineer or engineers, and agent or agents, as 
they may deem expedient, and to fix their compensation, and to 
agree with any person or persons, on behalf of the said company* 
to cut canals, erect dims, open feaders, construct locks, and per- 
form 6uch other works, as they shall judge necessary or expedi- 
ent, for completing a canal from the termination or other point on 
the Chesapeake and Ohio canal, to be determined as aforesaid 
by the board of public works, to the city of Baltimore; and out 
of the money arising from the subscriptions and tolls, to pay for 
the same; and to repair and keep in order the said canals, locks 
and other works necessary thereto; and to defray all incidental 
charges; and also to appoint a treasurer, clerk and other officers, 
toll gatherers, managers and servants as they shall judge requi* 
site, and to agree for and settle their respective wages or allow- 
ances, and to settle, pass and sign their accounts, and also to 
make and establish rules of proceeding, and to transact ail other 
business and concerns of the said company, in and during the in- 
tervals between the general meetings of the same; and they shall 
be allowed as a compensation for their trouble therein, such sum 
of money, as shall by a general meeting of the stockholders be 
determined; Provided always, that the treasurer shall give bond 
in such penalty, and with such security, as the said president 
and directors or a majority of them shall direct, for the true and 
faithful discharge of the trust reposed in him, and that the al- 
lowance to be made him, for his services, shall not exceed three 
•dollars in the hundred, for the disbursements by him made; and 
that no officer in the company shall have any vote in the settle* 
went or payment of his own account. 

:Sec. 5, And be it enacted, That on all subscriptions, except 
such as shall be made on behalf of the state, there shall be paid 
at the time of the subscription, on each share, one dollar, and 
thereafter when the company shall be formed, the stock subscri- 
bed, shall be paid as well by the state as by other subscribers, on 
such instalments and at such times, as the president and direc- 
tors shall from time to time require, as the work advances: Pro- 
vided, that not more than one third part shall be demanded with- 
in any one year from the commencement of the work, nor any 
payment demanded until at least sixty days public notice thereof 
shall have been given in such public newspapers, as the said 
president and directors shall direct such notices to be published 
in; and whenever any subscriber shall fail to pay any instalment 
called for" by the company, it shall and may be lawful for the 
company, upon motion to be made in any court of record, after 
ten days notice, to obtain a judgment against the subscriber so fai- 
ling to pay, or the said company, at their option may sell the ' 



i ^> 

idtfk of such subscriber, after giving sixty Jays notice in sucl* 
pubiic newspapers, printed within this state, as they may judge 
proper; and if the proceeds of any such sale shall exceed the sum 
demanded, the surplus, after paying the expenses of such sale, 
shall be paid to the subscriber so failing, or to his legal represent 
tatives,and the purchaser at such sate shall become a stockholder, 
and be subject to the same rules* and regulations, and entitled to- 
the same privileges, rights and emoluments, as original subscri- 
bers under this act. 

Sec. 6. And to continue the succession of the said president 
and directors, and to keep up the same number, be it enacted, 
that from time to time, upon the expiration of the said term, for 
which the said president and directors were appointed, the stock- 
holders of the said company, at their next general meeting, shall 
either continue the said president and directors or any of them, 
or choose others in their stead, (and until such choice be made, 
the president and directors for the time being, shall continue in 
office-) and in case of the death, removal, resignation or incapa- 
bility ?of the president or any of the directors, may and shall 
in manner aforesaid, elect any other person or persons, to be 
president and directors, in the room of him or them, so dying, re* 
moving or resigning; and may at any of their general meetings, 
remove the president or any of the directors, and appoint others 
lor and during the remainder of the term, for which such person 
or persons were at first to have acted. 

Sec. 7. And be it enacted, That every president and direc- 
tor, before he acts as such, shall take an oath or affirmation for 
the due execution of his office. 

Sec. 8. And be it enacted, That the presence, in person or 
proxy, of the stockholders having a major part of stock at least, 
shall be necessary to constitute a general meeting of the stock- 
holders, which shall be held on the first Monday in August, in 
every year, at such convenient town or place, as shall be, from 
time to time appointed, by the said general meetings; but, if a 
sufficient number shall not attend on that day, the stockholders 
who do attend, may adjourn from time to time, until the stock- 
holders holding the major part of the stock do attend, and the 
business of the company is finished; to which meeting, the pre- 
sident and directors shall make report, and render distinct ac« 
counts of all their proceedings; and on finding them fairly and 
justly stated, the stockholders then present, or a majority of them, 
shall give a certificate thereof, a duplicate of which shall be en- 
tered on the company's books; and at such yearly general meet- 
ings, after leaving in the hands of the treasurer, such sums as the 
stockholders or a majority of them shall judge necessary fot rt« 



i 16) 

pairs and contingent charges, an equal dividend of all the nett 
profits arising from the tolls hereby granted, shall be ordered 
and made to, and among all the stockholders of the said com- 
pany, in proportion to their several shares, subject to the pro- 
visions and enactments hereinafter declared; and upon any emer- 
gency in the interval, between the said yearly meetings, the said 
president, or a majority of the said directors, may appoint a gene- 
ral meeting of the stockholders of the company at any conve- 
nient town or place, giving at least one months previous notice, 
in such newspapers printed in this state, as they shall think pro- 
per; which meeting may be adjourned and continued as afore- 
said; and in case the stockholders, or a majority of them in any 
general meeting aforesaid, shall deem it expedient to order a 
semi-annual, rather then a yearly dividend as aforesaid, then, in 
like manner, with like notice, and under like restrictions, there 
shall be a half yearly, or semi-annual dividend of nett profits 
declared and paid. 

Sec. 9. And be it enacted, That for, and in consideration of 
the expenses the said stockholders will be at in cutting the said 
canal, erecting locks and dams, providing aqueducts, feeders and 
other works, and in improving and keeping the same in repair, the 
said canal and all other works aforesaid, or which may be re- 
quired to improve the navigation thereof, at any time thereafter, 
with all their profits, subject to the limitations herein provided, 
shall be, and the 6ame are hereby vested in the said stockholders, 
their executors, administrators and assigns forever, as tennants 
in common, in proportion to their respective shares; and that it 
shall, and may lawful for the said president and directors at all 
times forever thereafter, to demand and receive, at such places as 
shall hereafter be appointed by the president and directors afore- 
said, tolls for the passage of vessels, boa's, rafts, produce and all 
other articles, at such rates as the said president and directors may 
hereafter allow and establish, according to the provisions of this 
act. 

Sec. 10. And be it enacted, That if the commissioners or 
any of them hereby required to be appointed, fshall die, resign, 
or refuse to act, the vacancy occasioned thereby, shall be filled 
by a person or persons appointed by the board of public works, 
and the person or persons so appointed, shall have all the power 
and authority which was vested in the commissioners whose 
place he or they may be appointed to supply; and when any part 
of the canal aforesaid, shall have been completed according to 
the true intent and meaning of this act, the president and direc- 
tors of the company hereby created shall have power, and it shall 
be their uty to ordain and establish a rate of tolls to be paid 
upon boats, vessels, rafts or other property passing on the part 



( >7 ) 

of the canal so compleated, and so from time to time; as a part 
or parts shall be compleated; until the entire canal shall have 
been finished, according to the true intent and meaning of this 
act, for the collection of which tolls, the president aud directors 
shall have power to establish so many toll houses, and at their 
pleasure, appoint and remove so many collectors, and at such 
places, as from time to time they may judge expedient, and the 
said president and directors shall have full authority, subject to 
the direction and control of a majority in interest of the stock* 
holders represented in any general meeting, to regulate and fix 
a tariff of tolls, not exceeding an average of two cents per ton 
per mile; and so to adjust the said tolls, in relation to the ca- 
pacity or burthen of the boats, and the dimensions cf the rafts, 
passing the locks of the said canal, as to promote economy of 
water and lime, in the navigation thereof. 

Sec 11. And be it enacted, That the president and directors, 
^shall annually or semi-annually declare and make such dividend 
of the nett profits, from the tolls to be received, according to the 
provisions of this act, and from the other resourees of the com- 
pany, as they may deem advisable, after deducting therefrom, 
the necessary current, and the'probable contingent expenses to be 
divided among the proprietors of the stock of the saia company, 
in proportion to their respective shares, until the annual divU 
dend thereon, shall have reached twenty per cent, beyond which, 
it shall never extend; but should the nett revenue of the company 
exceed that amount, for any two years in succession, then such 
excess shall be applied by the president and directors, in such 
mode as shall be agreed on by a majority of the stockholders, 
convened in general meeting, to strengthen, improving and ex* 
tending the works of the canal, of every description requiring 
the same; and should the said tolls continue, after all such im- 
provements have been com pleated, to nett more than twenty per 
cent, per annum to the stockholders for any two years in suc- 
cession, the tolls upon the same shall be reduced by the presU 
dent and directors, according to some just and equitable ratio, 
till the saidg dividend shall fall to twenty per cent, per annum, 
provided, that should the said dividend thereafter sink below 
twenty per cent, per annum the said toll or a part thereof, may 
be renewed, till the said nett dividend reach that amount. 

Sec. 12. And be it enacted, That the said canal, and the 
works to be erected thereon, in virtue of this act, when corn- 
pleated, shall forever thereafter, be esteemed and taken to be 
navigable as a public highway, free for the transportation of all 
goods, commodities and produce whatever, on payment of the 
tolls to be imposed as provided by this act, and no other toll or 
tax whatever for the use of the said canal, and the works thereon 
erected shall at any time hereafter be imposed unlssa under 
sanction of a> law of this state, 



f i iM 

Sec. 13. And be it enacted^ That it shall and may be lawful 
tor the president and directors, or a majority of them, to agree 
with the owners of any land, through or on which it is intended 
that the said canal or any of the works thereunto appertaining^ 
shall pass or be situated, for the purchase or use and occupation 
thereof, and in case ot a disagreement, or in case the owner 
thereof shall he a feme covert, under age, non compos, or out of 
the state or county, on application to a justict of the peace of 
of the county, in which such land shall be, the said justice of the 
peace shall issue his warrant, under his hand and seal, to the 
sheriff of the county, to summon a jury of eighteen inhabitants 
of his county, not related to the parties, nor in any manner in- 
terested, to meet on the land to be valued, at a day to be expres- 
sed in the warrant, not less than ten, nor more than twenty days 
^thereafter; and the sheriff, upon receiving the said warrant, shall 
forthwith summon the said jury, and when met, shall administer 
an oath or affirmation to every juryman who shall appear, being 
!hot less than twelve in number, that he will faithfully, justly and 
impartially value the land, and all damages the owner thereof 
i&hall sustain, by cutting the canal through such land, or the use 
or Occupation, for the pui poses and period necessary, of such 
land, according to the best of his skill and judgment; and that fk 
'such valuation, he will not spare any person for favor or affec- 
tion, nor any person grieved for malice, hatred or ill will; and in 
every such valuation and assessment of damages, the jury shall 
be, and they are hereby instructed to Consider, in determining 
and fixing the amount thereof, the actual benefit which will ac- 
crue to the owner, from conducting the said canal through, or 
erecting any of the said Works upon his land, and to regulate 
their verdict thereby; except that no assement shall require any 
such owner to pay or contribute any thing to the said company, 
where such benefit shall exceed in the estimate of the jury, the 
Talue and damages ascertained as aforesaid; and the inquisition 
thereupon taken, shall be signed by the sheriff and some twelve 
or more of the jury, and returned by the sheriff to the clerk of 
nis co nty; and unless good cause be shewn against the said 
inquisition, it shall be affirmed by the court and recorded; but 
If the said inquisition should be set aside, or if from any cause 
no inquisition shall be returned to such court within a reason* 
able time, the said court may, at its discretion, as often as 
may be necessary, direct another inquisition to be taken in "the 
manner prescribed; and upon every such valuation, the jury is 
hereby directed to describe and ascertain the bounds of the 
land by them valued, and the quantity and duration of the inter- 
est and estate m the game, required by the said company for its 
'use; and their valuation shall be conclusive upon all persons, 
tihd shall be paid by the president and directors, to the owner of 
Jk* iaM or his legal representativesj and on payment thercoT, 



( 19 ) 

toe said company shall be seized of such land, as f an aWW 

fn e e e s't n i„ Pe r tU,, - V ' * * K- SUCh '"t quantit y and Oration of 
interest in the same, or subject to such partial or temporary use 

or .occupation, as shall be required and described a7afcesaid 

as ,f conveyed by the owner of them; and whenever „ he con, 

•tructton of the said canal, or any of the works thereof loTkV 

dams ponds, feeders, tunnels, aqueducts, brid K es or works of 

necessary to use earth, timber, stone or gravel or anv nth P r' 
material to be found on any of the lands adjacent or near «h ere 
to, and the sa.d president and directors or their agenf cannot 

cfthroronrie?" 16 f ° r "* ^ af -«-<l, by pS'contr" 
ot the proprietor or owner, or m case the owner should be a fe. 

me covert, or non compos, or under age, or out of the state or 
^T, } ' the f same Proceedings in all respects shaU be had, as in 
the_casebefore.mem.oned of the assessment and .condemnat on' 
of the lands for the sa,4 canal or*he works appelant thereto 
Sec. 14. And ten enacted. That it shaU be the dutv of 

5e IT/™*, I ,ncorp °, Med ' * cut, make and construct 
toZ nw' WUh S° od and ^feicw locks, on the most im- 
of „„H P \. for ; x P ed ; tlon "> ^e use thereof, and with a widtfc 
"f twLtv S ■ I",*"? k V V he SUrface of * e water t h «rein, or' 
ti. e S?7h,1? : * * * ^ b0 "° m thereQf ' un 'css the quality of 
the so 1 shall require a narrow base, to admit , of a sufficient 

3™* Vf S r aS ° nS the iiav, S a ''«'n of boats and rafts, with a 
KJ^W *' Water . atth r e ** and whenever .wasles shall 
tion whT , e Se t Unty ofsaid ""=>•; ^d in no other situa: 
ton whatever along the same, the waste water of the said canal, 

2 fofr t,me to t,me ' so ! a . or dis p° sed of b y ,he said com-' 

pany.forthe purpose of supplying such works and machinery as 
nal U and a ,rK er T** a "d. a longone side at least of the said^a- 
nal.and such aqueducts as it may render necessary, there shall" 

S.r£,h ? ugho, ? t "i whoie ex,ent ' a •"A* °- ••»*- 

thereof, ' "^ X p0Wer * f horSes t0 th = navigation 

foranvnf 1 ^' An . d A beH ™ a «< That it shall and may be lawful 
for any of the sa. d stockholders to transfer bis or her Shares, by 
wnofnfS be (ore two witnesses, and registered after the 

otherwl, ,T CU u° n there ° f ' in the company's books, and not 
last wil lhM eS f by , testa . ment or •«" w '». which testament or 
or , r„ •■' 1 r° b f exhlb ited,to the president and directors, 
or a copy thereof authenticated according to law. and registered 
in the company's books, before the person or persons claiming • 

? d 'J! / V ' rt u e thel : e0f ' Sha11 be e " titled to drawing part of 
The piofits from the sa.d tolls or dividends; Provided, That ntf 



( 20 > 

transfer shall be made, except for one or more whole shares* 
find not for part of such share or shares; and that no share or 
shares shall at any time be sold, conveyed or held in trust, for 
the Use and benefit, or in the name of another, whereby the said 
president and directors, or the stockholders of the said compa* 
ny* or any of them, shall or may be challenged, or made to an- 
swer concerning any such trust; but th.*t every person appear- 
ing as aforesaid to he a stockholder, shall as to the others of the 
said company* be to every intent t?ken absolutely as such; but 
as between any trustee, and the person for whose benefit any 
trust shall be created, the common remedy may be pursued. 

Sec. 16. Arid be it tnactcd, That if the capital aforesaid^ 
shall, prove insufficient, it shall and may be lawful for the said 
company, from time to time, to increase the said capital, by the 
addition of so many whole shares, as shall be judged necessary 
by the said stockholders, or a majority of them present, at any 
general meeting of the said company; and the said president 
2nd directors or a majority of them are hereby empowered and 
required after giving at least two months previous notice there- 
of, in such newspapers printed, in this state, as they shall think 
proper; to open books at such cities, towns, and other places 
as they shall think proper; for receiving such additional sub- 
scriptions, in which the stockholders of the said company for the 
time being, shall, and are hereby declared to have the prefer- 
ence of all others, for the first thirty days after the said books 
shall be opened as aforesaid* of taking and subscribing for so 
many whole shares, as any of them shall choose; and the said 
president and directors are hereby required to observe in all 
other respects, the same rules therein, as are by this act prescrib- 
ed for receiving and adjusting the first subscriptions; and in like 
manner, to return under the hands of any three or more of them, 
an exact list of such additional subscriptions, with the same 
subscribed, to the governor and council, and to the board of 
public works, to be by them preserved as aforesaid; and all 
stockholders of such additional shares, shall, and are hereby de- 
clared to foe from thenceforward, incorporated into the said com- 

Sec. Vf. And be it enacted, That whenever it shall become 
necessary to subject the lands of any individuals to the purposes 
provided for in this act, and their consent cannot be obtained, 
it shall and may be lawful for the company to enter upon such 
lands, and proceed to the execution of such works as may be re- 
quisite; and that the pendency of any proceedings in any suit in 
the nature of a Avrit of ad quod damnum, or any other proceed- 
ings, shall npt hinder or delay the progress of the work; and it 
jehall be the duty of every court to give precedence to controvert 



< 2t ) 

*ie3 which may arise between the company created by this actr, 
and the proprietors of land, sought to be condemned for public 
uses, and to determine them in preference to all other causes. 

Sec. 18. And be it enacted, That the right to take a canal or. 
canals from any part of the above named canal, in any direction, 
is hereby reserved to the state of Maryland, and to any compa- 
ny or companies which may be hereafter incorporated for that 
purpose by the said state: Provided, That in taking such canal 
or canals, and in using the waters of the said Maryland Canal, 
or of the various streams connected therewith, no impediment 
or injury shall be done to the navigation of the said Maryland 
Canal. 

Sec. 19. And be it enacted, That the treasurer of the West- 
ern Shore, be, and he is hereby authorised and required, for, and 
on behalf of the state, to subscribe to the Chesapeake and Ohio 
Canal Company, for stock to the whole amount of the stock o£ 
the Potomac Company, owned by the state; and of the debt due 
to the state by the said Potomac Company, and to pay for the 
same, in the certificates of the stock of the Potomac Company, 
and in the evidences of the debt due to the state certified in the 
manner specified in the charter of the said Chesapeake and Ohio 
Canal Company; and also, to subscribe for ten thousand shares 
of the stock of the said company, payable agreeably to the terms 
of the charter, in the legal currency of the United States. 

Sec. 20. And be it enacted, That the treasurer of the West- 
ern Shore, be, and he is hereby instructed and required in like 
manner, to subscribe for five thousand shares in the Maryland 
Canal Com pan)', hereby incorporated. 

Sec. 21. And be it enacted, That the sum of one hundred, 
thousand dollars, shall be, and the same is hereby appropriated, 
or such part thereof as may be necessary to complete and carry 
into effect such plans for opening and improving the navigation 
of the Pocomoke, Manokin, Wicomico and Great Choptanfe 
rivers, as the board of public works may devise, recommend and 
contract for, on behalf of the state of Maryland: Provided, 1 hat 
before any part of the aforesaid subscriptions, except so much 
as is payable in the stock and debt of the Potomac Company 
shall be made, or any part of the sum herein appropriated to ex- 
ecute the improvements of the Pokomoke, Manokin, Wicomico 
and Great Choptank rivers be expended, the congress of the 
United States shall enact a law expressly securing to the State 
of Maryland, and to any company incorporated, or hereafter to 
be incorporated by the said state, the right to take and continue 
a canal from any point of the Chesapeake and Ohio Cana! # 
through the territory of Columbia or any part thereof, to the 
jfcid state, in any direction it may deem proper, upon the same. 



( 22 } 

Terms and conditions; and with all the rights, privileges arifl 
powers of every kind whatsoever, granted to the Chesapeake 
and Ohio Canal Company by the act of incorporation, and de- 
ciding agreeably to the act of congress, passed at December ses- 
sion, eighteen hundred and twenty-five; that the canal as located 
by the board of public works, under the authority of this act, 
may be cut without impeding or injuring the navigation of the 
Chesapeake and Ohio Canal. And provided ateo, That the board 
of public works shall previously ascertain and certify to the ex- 
ecutive, the practicability of connecting by the canal described 
in this act, the Chesapeake and Ohio Canal with the Patapsco 
river at the city of Baltimore; and if the said board of public 
works shall adopt for the said canal a line wholly within the 
State of Maryland, then the act of congress mentioned in the 
foregoing proviso, shall not be necessary to authorise the sub- 
scriptions and expenditure aforesaid. And provided also, That 
the executive shall previously be satisfied, that the residue of the 
sum of money estimated by the United States' board of engi- 
sieers, to be adequate to the completion of the eastern section of 
the Chesapeake and Ohio Canal, hath been actually subscribed 
by bona fide and competent subscribers. 

Sec. 22. And be it enacted, That if the mayor and city council 
of Baltimore shall, within two years from and after the passage 
hereof, callajconvention, as prescribed in the act entitled, an act to 
paovide for making the Baltimore tranal; and if the said conven- 
tion and the mayor and city council shall assent to, and adopt 
the said act within two years, the faith of the starte is Hereby 
pledged to advance towards the execution of the work in the said 
act mentioned, the sum of five hundred thousand dollars; pro- 
vided, that the execution shall previously have full evidence that 
the said city hath raised and appropriated to that purpose, a sun* 
of money, which, with the said five hundred thousand dollars, 
will be adequate to the completion of the said work. And pro- 
vided,, that in proportion to the capital so invested, that tolls and 
other emoluments of the said canal shall be secured to the state; 
and provided, that the subscriptions herein before authorized to 
the Chesapeake and Ohio canal, and to the Maryland canal com- 
panies, shall have been made, and be binding and operative 

Sec. 23. And be rt enacted, That whenever the mayor and 
city council of Baltimore shall certify to the executive, their re- 
nunciation of the rights and privileges granted by the aforesaid 
act, entitled, An act to provide for making the Baltimore canal; 
and of the pledge given in the 'foregoing section of this, the 
treasurer of the Western Shore shall be, and he is hereby author- 
ized and required to negotiate a loan of one hundred thousand 



sies which may arise between the company created by tb'13 act, 
and the proprietors of land, sought to he condemned for public 
uses, and to determine them in preference to all other causes. 

Sec. 18. And be it enacted, That the right to take a canal or 
canals from any part of the above named canal, in any direction, 
is hereby reserved to the state of Maryland, and to any compa- 
ny or companies which may be hereafter incorporated for that 
purpose bytha said state: Provided, That in taking such canal 
orcanaJs, and in usin^ the waters of the said Maryland Canal, 
or of the various streams connected therewith, no impediment 
or injury shall be done to the navigation of the said Maryland ' 
Canal. 

Sec. 19. And be it enacted, That the treasurer of the West- 
ern Shore, be, and he is hereby authorised and required, for, and 
on behalf of the state, to subscribe to the Chesapeake and Ohio 
Canal Company, for stock to the whole amount of the stock of 
the Potomac Company, owned by the state; and of the debt due 
to the state by the said Potomac Company, and to pay for the 
same, in the certificates of the stock of the Potomac Company, 
and in the evidences of the debt due to the state certified in the 
manner specified in the charter of the said Chesapeake and Ohio 
Canal Company; and also, to subscribe for ten thousand shares 
of the stock of the said company, payable agreeably to the terms 
of the charter, in the legal currency of the United States. 

Sec. 20. And be it enacted, That the treasurer of the West- 
ern Shore, be, and he is hereby instructed and required in like 
manner, to subscribe for five thousand shares in the Maryland 
Canal Company, hereby incorporated. 

Sec. 21. And be it enacted, That the sum of one hundred 
thousand dollars, shall be, and the same is hereby appropriated, 
or such part thereof as may be necessary to complete and carry 
into effect such plans for opening and improving the navigation 
of the Pocomoke, Manokin, Wicomico and Great Choptank 
rivers, as the board of public works may devise, recommend and 
contract for, on behalf of the state of Maryland: Provided, That 
before any part of the aforesaid subscriptions, except so much 
as is payable in the stock and debt of the Potomac Company 
shall be made, or any part of the sum herein appropriated to ex- 
ecute the improvements of the Pokomoke, Manokin, Wicomico 
and Great Choptank rivers be expended, the congress of the 
United States shall enact a law expressly securing to the State 
of Maryland, and to any company incorporated, or hereafter to 
be incorporated by the said state, the right to take and continue 
a canal from any point of the Chesapeake and Ohio Canal, 
through the territory of Columbia or any part thereof, to the 
?said state, in any direction it may deem proper, upon the sanvs 



-tl 



( ?3 ) 



M* 



dollars, at a rate of interest not exceeding six per cent, per an- 
num, reimbursable at the pleasure of the state, and to place the 
same at the disposal and order of the said mayor and city council,, 
to be by them laid nut and expended in the improvement of the 
navigation and trade of the Susquehanna, in such manner as 
they shall deem most expedient. 

Sec. 24. And be it enacted, That the treasurer of the Western 
Shore, under the direction of the executive, shall be, and he is 
hereby authorized and directed to negotiate for, and raise by 
loan, as they may become payable for canal stock under the pro- 
visions of this act, the required sum or sums of money, at a rate 
of interest not exceeding five per centum per annum, payable 
quarter yearly; the whole of said loans to be redeemable at the 
pleasure of the state, at any time after the first day of January^in 
the year of our Lord eighteen hundred and sixty. 

Sec. 25. And be it enacted, That the dividends and other 
emoluments which may, from time to time accrue to the state, 
from the various investments hereby authorized, and from the 
road stock now belonging to the state, shall be, and the same are 
hereby pledged and set apart as a sinking fund, under the man- 
agement of the board of public works; in the first place to pay 
and discharge the public debt incurred by the subscriptions 
hereinbefore authorized; and secondly, after the whole of said 
debt shall be liquidated and discharged, to constitute a fund for 
the execution and construction of such other public improve- 
ments, roads and canals as the legislature shall from time to time 
authorize and direct, and for the support of public schools, upon 
equal and of equitable principles, in and throughout the various 
counties of this state. 






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